Appeal of Ctb Benefits

My question involves labor and employment law for the state of: denial of CTB benefits.

Hello.

My husband was denied CTB benefits because he was unaware and misleaded by the Workforce Development Center. He received his unemployment benefits but was not able to find out information about the possible training benefits prior to the required time limit. He went to the center several times and ask about what options he may have regarding learning a new skill. This started around January and continued until May. Several months pass by until finally someone gave him the information he needed to get. During this time he was schedule for 2 orientation. The first orientation he was sent to was incorrect and he was sent away and told to make another appointment for first time unemployed orientation. This cause a month in time lapse. After attending the correct orientation he had to wait another 2 weeks for a case worker because she was on vacation. After 2 weeks he finally met with the case worker and was only informed about WIOA program which is a grant to help pay for new skill training. Gave him a list of schools and sent him on his way. He was not given any guidance about the program or any other type of benefits that may help him live while in training. After he research the list of schools given to him. He made an appointment to apply for the grant WIOA. At that time he asked his case workers about additional benefits he may qualify for she didn't know. She only knew about the WIOA and nothing more. This has been a severe hardship for us. All the time the Workforce Center was either misinformed or refused to give information to people who are unemployed. The front desk workers never wore their badges so I can give names. The mistake they made by setting wrong appointments for orientation only made things worst. He started his search before the 16 weeks were about to end, but unfortunately no person there was of any help. He made calls to the EDD and he was directed to the Workforce Center and told he needed a start date for the training. By this time, the 16 weeks were over. He had his CTB interview and the agent ASH only asked 3 questions. School Name, Director name, Start Date. and called the school to confirm Start date. We, of course are scared and worried about becoming homeless before he can finish his year long program for a better job.

Re: Appeal of Ctb Benefits

My husband was denied CTB benefits because . . . By this time, the 16 weeks were over.

Don't go outside the actual reason for the denial. It just clouds the issue.

Do I have this right? He was denied because the 16 weeks was up?

If so, file an appeal REQUEST. "The determination dated mm/dd/yy is wrong. I want an appeal hearing scheduled," is sufficient to get a hearing.

The CA ALJs in these matters are exceedingly fair. You tell this story, and bring as much independent proof as possible that you started this process BEFORE the 16-week deadline. You have a very high probability of succeeding. If you made calls to EDD, GET YOUR PHONE RECORDS. If you made "askEDD" requests, PRINT THEM. If you picked up paper work from the one-stop center, BRING IT. If you paid for parking, and still have the receipt, BRING IT. A business card, same. If you went with your husband and were PRESENT (not sitting in the car or just repeating what he told you), you may be a witness to testify when all this occurred, what you saw, and heard. If he was alone, he's on his own.

Re: Appeal of Ctb Benefits

This is a denial of training benefits, not unemployment insurance benefits, right?

They're saying too much time has elapsed from the time he signed up and begin receiving benefits, and he wouldn't have time to complete a training program with his claim already half gone. You are complaining that no one informed him about the training benefits available in a timely manner. While you may appeal this decision, from the sound of things, that's not going to change your income situation a bit in the present, or for a long time to come, even if he does get into an approved training program.

Does your husband have a special field he has his heart set on training for, does he have a specific idea when he could begin such a training, and whether he could be admitted at this time? He might perhaps get the department to say, yes, you'll still eligible to receive the training benefits. But then if he's going to say, "Okay, so tell me, what do you offer, let me browse here." that's not going to be a viable option for people who are about to be homeless.

Retraining is tricky, it has to be done in conjunction with receiving other benefits which will provide income while you are in training, and coordinated with the training facility's schedule and admissions processes. Doing a retraining program for over a year for a field where he "may" get a better job is not something that will save your family from homelessness. Going out and taking another regular job may be the way to go here. This may not be worth the big appeal fight, assembly of data, etc. If someone in this home is not bringing in substantial income other than your husband while he is training, his status as a trainee will not pay the bills and will not be a practical road out of money shortage.

Join our forum and ask a legal question for free, or to participate in discussions. Our forum includes lawyers, employment, insurance, tax and real estate professionals, law enforcement officers, and many other people with specialized knowledge, in addition to participation by interested laypersons. You will find thousands of answers to legal questions. Use of this forum is subject to the ExpertLaw terms of use.